SHAH ISMAIL KHADRI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner being aggrieved by the impugned resolution of the fourth respondent-Administrator at Annexure-M dated 10th January, 2002 and also the impugned letter of the Municipality at Annexure-N dated 16th January, 2002 in Nos.5003 to 5005 based on Annexure-M, addressed to the third respondent - Deputy Commissioner as illegal and one without jurisdiction by issuing a writ of certiorari.

(2.) THE grievance of petitioner in the instant writ petition is that, petitioner being the absolute owner of land bearing Sy.No.47 measuring 08 acres 25 guntas situate at Gullarhaveil, Bidar District, had sought for conversion of the said land from agricultural to non-agricultural purpose and the same was granted as per the order dated 18th December, 1980 another extent of 04 acres 20 guntas was also converted into non agricultural purpose by an order dated 8th April, 1982 by the jurisdictional Competent Authority. Accordingly, petitioner has filed the application for sanction of the layout plan before the Town Planning Authority. THE Town Planning Authority, in turn, has sanctioned the layout plan in two phases subject to condition that, an extent of 01 acre of land is to be reserved for park and civic amenities, in which half an acre of land is to be spared for CMC on reasonable local price and the remaining half acre is to be provided on free of cost for maintaining town park. THE said conditions were imposed at the time of sanctioning the layout plan and accordingly, petitioner has executed necessary agreement between with the CMC on 27th July, 1982 and the extract of the proceedings before the Planning Authority dated 2nd February 1981 in pursuance of the agreement executed are produced as Annexures-B to E. THEreafter, petitioner has handed over the roads and open spaces as per the approved layout plan to the extents shown therein to the Assistant Executive Engineer, CMC, Bidar on 5th August, 1982 and a copy of the same is produced as Annexure-F. It is the case of petitioner that, the City Municipal Council, Bidar neither maintained the park nor paid the half price of the remaining extent of land as has been agreed. THE said land was given on reasonable price for providing other basic amenities including the open space to the layout. When things stood thus, to the shock and surprise of the petitioner, the Administrator of the fourth respondent, without issuing any notice and without affording any opportunity to the petitioner, has proceeded and passed the impugned resolution dated 10th January 2002 vide Annexure-M and issued the direction to the third respondent to take possession of the land for allowing the said land to the District Information and Publicity Office, Bidar. THE said resolution passed is subsequent to the communication issued by respondents 2 and 3 and hence, the same is one without jurisdiction and illegal. THErefore, petitioner herein felt necessitated to present the instant writ petition seeking appropriate reliefs, as stated above.

(3.) HAVING regard to the facts and circumstances of the case, as stated above, the writ petition filed by petitioner is disposed of as follows: